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1984 Supreme(Pat) 407

BIRENDRA PRASAD SINHA
Ananda Bazar Patrika Ltd. – Appellant
Versus
Biswanath Prasad Maitin – Respondent


Judgment

1. The short question for consideration in this case is whether the suit filed by the plaintiff-opposite party against defendant-petitioners at Patna shall be governed by S.16(d) or S.20(c) Civil P. C.

2. The plaintiff-opposite party has filed a suit alleging, inter alia, that defendant-petitioners agreed to sell a property situate at Rohni Road, Jasidih in the district of Santhal Parganas and a sum of Rs.2,501 was paid by the plaintiff as part consideration. On 28-3-1980 the petitioners intimated the plaintiff by a letter at his Patna address that the petitioners were unable to proceed with the proposed sale of the above property and enclosed a draft of Rs.2,501/- which had been paid by the plaintiff as part consideration. The agreement to sell was executed at Calcutta where the defendant-petitioners reside and conduct their business. The property is situate at Rohni Road, Jasidih in the district of Santhal Parganas outside the jurisdiction of Patna Court. The plaintiff-opposite party has prayed for a decree for specific performance of the agreement to sell the property situate at Jasidih on payment of balance of the consideration money amounting to Rs.45,874/- to the peti





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